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의정부지방법원 2015.10.07 2014고단4087

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

On September 28, 2014, at around 02:55, the Defendant: (a) received 112 report that a assault case occurred in front of the C alcohol house located in the Namyang-si, Namyang-gu, Police Station D commander of the Police Station, who called out after having received 112 report, and arrested the Defendant’s husband F as the Defendant’s flagrant offender and arrested the Defendant’s husband as the Defendant’s flagrant offender, and assaulted the Defendant on the ground that he did not take the lock.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to report 112 and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant assaulted a police officer performing official duties, and thus there is a high need for strict punishment.

However, all of the facts of the crime are against the view of the crime, and there is no past record of the punishment of obstruction of performance of official duties or the punishment of the suspension of execution or above, etc. shall be considered as favorable circumstances. It is so decided as per Disposition by taking into account all the factors of the sentencing, such as the method and result of the crime in this case, the circumstances after the crime, the age, character